GENERAL ELECTRIC INTERNATIONAL INC., MUMBAI V. DCIT (IT) 2(3)(2), MUMBAI

ITA 3062/MUM/2015

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 4962 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 8 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-02-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: L
• Next Hearing Date: 14-03-2017
• Assessment Year: 2006-2007
• Appeal Filed On: 21-05-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI I BENCH, MUMBAI [CORAM: PRAMOD KUMAR (VICE PRESIDENT) AND VIKAS AWASTHY, JUDICIAL MEMBER] ITA NO. 3062/MUM/2015 ASSESSMENT YEAR: 2006-07 GENERAL ELECTRIC INTERNATIONAL INC. .AP PELLANT C/O. SRBC & ASSOCIATES, 14 TH FLOOR, THE RUBY, 29, SENAPATI BAPAT MARG, DADAR (W), MUMBAI-400 028 [PAN: AAACG 1705 D] VS DY. CIT (INTERNATIONAL TAXATION)-2(3)(2) .. ........RESPONDENT MUMBAI APPEARANCES BY AMEYA PANT & MRUNAL PARIKH FOR THE APPELLANT SANJAY SINGH FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : FEBRUARY 04, 2021 DATE OF PRONOUNCEMENT : FEBRUARY 09, 2021 O R D E R PER PRAMOD KUMAR, VP : THIS APPEAL FILED BY THE ASSESSEE, CALLS INTO QUEST ION THE CORRECTNESS OF THE ORDER DATED 16.03.2015, PASSED BY THE PR. CIT(A) (OSD)-56, MUMB AI IN THE MATTER OF ASSESSMENT U/S. 144C(3) R.W.S. 147 AND 143(3) OF THE INCOME TAX ACT , 1961, FOR THE ASSESSMENT YEAR 2006- 07. 2. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT HE HAS FILED THE NECESSARY DECLARATION UNDER D IRECT TAX VIVAD SE VISHWAS ACT, 2020 (ACT 3 OF 2020) AND IS AWAITING FOR FINAL RESOLUTION OF THE MATTER UNDER THE SAID SCHEME. HE SUBMITTED THAT UPON COMPLETION OF THE NECESSARY FOR MALITIES, HE WILL WITHDRAW THE APPEAL. IN RESPONSE TO THE SUGGESTION FROM THE BENCH, HE FAIRL Y ACCEPTED THAT HE HAS NO OBJECTION TO THE APPEAL BEING DISMISSED AS WITHDRAWN AS LONG AS HIS RIGHT FOR REVIVAL OF THE APPEAL ARE ITA NO. 3062/MUM/2015 ASSESSMENT YEAR: 2006-07 PAGE 2 OF 3 PROTECTED, IN THE EVENT OF, FOR SOME UNFORTUNATE RE ASON, THE MATTER BEING NOT SETTLED UNDER THE VIVAD SE VISHWAS SCHEME. 3. THE LD. DR ALSO DID NOT OBJECT TO COURSE SO SUGG ESTED. 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS W ITHDRAWN, SUBJECT TO THE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOLVED UND ER THE VIVAD SE VISHWAS SCHEME, THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNA L FOR RESTORATION OF HIS APPEAL. 5. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDR AWN SUBJECT TO THE OBSERVATION ABOVE. PRONOUNCED IN THE OPEN COURT TODAY ON THE 09 TH FEBRUARY, 2021. SD/- SD/- VIKAS AWASTHY PRAMOD KUMAR (JUDICIAL MEMBER) (VICE PRESIDENT) MUMBAI, DATED THE 9 TH DAY OF FEBRUARY, 2021 ROSHANI, SR. PS COPIES TO: (1) THE APPLICANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, MUMBAI